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Nez Clear NF, Palouse RD, Upper Corral Crk Meadow Restoration
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AG-02RC-S-15-0058
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CONSTRUCTION RFP AG-02RC-S-15-0058Page 3 of 56
CONSTRUCTION RFP AG-02RC-S-15-0058Page 52 of 56

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

U.S. Department of Agriculture Forest Service Idao Montana Acquisition Team 3815 Schreiber Way Coeur d Alene, ID 83815

Offers Are Solicited For:

PROJECT

Upper Corral Creek Meadow Restoration Palouse Ranger District Nez-Clear National Forests

Solicitation No. RFP AG-02RC-S-15-0058
HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)

FS-6300-45 (11/79)

CONSTRUCTION AG-02RC-S-15-0058

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM 1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 5

B- 1 - Schedule of Items
B- 2 - Payment for Bond Premiums
B- 3 - Note

SECTION C - DESCRIPTION/SPECIFICATIONS 6

C- 1 - Scope of Contract
C- 2 - Project Location
C- 3 – Standard Specifications
C- 4 – Technical Specifications/Special Provisions
C- 5 – Statement of Work/Specifications
C- 6 – Attachments to Statement of Work/Specifications

SECTION E - INSPECTION AND ACCEPTANCE 7

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE 8

F- 1 - Clauses Incorporated by Reference
F- 2 - Commencement, Prosecution, and Completion of Work

SECTION G – CONTRACT ADMINISTRATION DATA 9

G- 1 – Post Award Conference
G- 2 – Government Furnished Property
SECTION H - SPECIAL CONTRACT REQUIREMENTS10-19
H- 1 – Pyysical Data
H- 2 – Kay Personnel
H- 3 - Fire Control
H- 4 - Loss, Damage, or Destruction
H- 5 - Incidental Payment Items
H- 6 - Conformity with Drawings and Specifications
H- 7 - Local Material Sources
H- 8 - Samples, Tests, Cited Specifications
H-9 - Barricades, Warning Signs, and Other Devices
H-10 - Landscape Preservation
H-11 – Enfironmental Protection
H-12 – Equipment Fuel/Oil Leakage
H-13 – Noxious Weed Control

H-14 - Invoice Processing Platform (IPP)

H-15 – Reference
H-16 - Contractor Performance Assessment Reporting System
H-17 – Biobased Product Utilization
H-18 – Idaho Worker’s Compensation Law

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 20-35

I- 1 - Clauses Incorporated by Reference
I- 2 - Reporting Executive Compensation and First-Tier Subcontract Awards
I- 3 - System for Award Management Maintenance

I- 4 - Commercial and Government Entity Code Maintenance I- 5 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternate I

I-6 - Post Award Small Business Program Rerepresentation
I-7 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts
I-8 - Buy American - Construction Materials
I-9 - Bid Guarantee
I-10 - Performance and Payment Bonds - Construction
I-11 - Alternative Forms of Security
I-12 – Federal, State, and Local Taxes
I-13 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts
I-14 - Providing Accelerated Payment to Small Business Subcontractors
I-15 - Permits and Responsibilities
I-16 - Alterations In Contract
I-17 - Authorized Deviations in Clauses
I-18 - Order of Precedence - Construction

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 36

J- 1 - Wage Determination
J- 2 – Technical Specifications/Special Provisions
J-3 - Attachment A, Spill Plan Requirements
J-4 - Attachment B, Storm Water Pollution Prevention Plan (SWPPP)
J-5 - Attachment C, Ground Protection Mats (GPM)
J- 6 - Drawings
J- 4 - Exhibits
J- 5 - State of Idaho Certificate of Verification of Workers’ Compensation Insurance

J-6 - SF 24, Bid Bond form J-7 - Owner/Client Past Performance Survey form

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER37-41
STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Commercial and Government Entity Code Reporting K- 3 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Alternate I

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS42-49
AND RESPONDENTS
L- 1 - Solicitation Provisions Incorporated by Reference
L- 2 - System for Award Management
L- 3 - Inquiries
L- 4 - Instructions for the Preparation of Technical and Business Proposals
L- 5 - Amendments to Proposals
L- 6 - Type of Contract
L- 7 - Construction Wage Rate Requirements—Secondary Site of the Work
L-8 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

for Construction

L-9 - Notice of Buy American Requirements - Construction Materials
L-10 - Service of Protest
L-11 - Site Visit (Construction) Alternate I
L-12 - Preparation of Proposals – Construction
L-13 - Pre-Bid/Pre-Proposal Conference
L-14 - Alterations in Solicitation
L-15 - Authorized Deviations in Provisions

SECTION M - EVALUATION FACTORS FOR AWARD 50-52

M- 1 - Award Determination
M- 2 - Evaluation Criteria

CONSTRUCTION AG-02RC-S-15-0058

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

RFP AG-02RC S-15-0058

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

5/12/2015

PAGE OF PAGES
1*

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BYCODE
8. ADDRESS OFFER TO

USDA, Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene ID 83815

USDA, Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene ID 83815

9. FOR INFORMATION
CALL:
a. NAME

Rita J Loper, C.O.

David Ratliff, Technical

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) (208)-765-7497

(208) 875-1718

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Upper Corral Creek Meadow Restoration Palouse Ranger District Nez-Clear National Forest Latah County, Idaho

Price Range The Government’s estimate is between $100,000 and $250,000.

See Section L-11 and 13 for formal Preproposal Meeting Site Visit information to be held May 27, 2015.

11. The Contractor shall begin performance within 10 calendar days and complete it within 100 calendar days after receiving |_| award, |_| notice to proceed. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12b.)

|_| YES|_| NO
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a.Sealed offers in original and * copies to perform the work required are due at the place specified in Item 8 by 4:00 pm local time June 11, 2015 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.
b.An offer guarantee|_| is,|_| is not required. (If “is required” see AGAR Clause 452.228-70)
c.All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-32121442-101STANDARD FORM 1442 (REV. 4-85)
Computer GeneratedPrescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code) email:

Duns No. ______________________________________

TIN: ___________________________________________

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.
DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
|_| 10 U.S.C. 2304(c)( )|_| 41 U.S.C. 253(c)( )
26. ADMINISTERED BYCODE
27. PAYMENT WILL BE MADE BY

USDA – Forest Service Idaho Montana Acquisition Team 3815 Schreiber Way Coeur d Alene ID 83815

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

|_|28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
|_|29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

RITA J. LOPER

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Upper Corral Creek Meadow Restoration Palouse Ranger District Nez-Clear National Forests Latah County, Idaho

B- 1Schedule of Items
ITEM
ESTIMATED QUANTITY
UNIT
METHOD OF MEASUREMENT
DESCRIPTION
UNIT PRICE
TOTAL PRICE

VASSAR MEADOW SITE AND FIVE-ACRE MEADOW

1
1
LS
Lump Sum
Mobilization and Demobilization
xx
17
1
LS
Lump Sum
Provide Water
xx
19
1
HR
Actual
Equipment Rental – Hydraulic Excavator with Thumb
20
1
HR
Actual
Equipment Rental – Large Dump truck

Subtotal

VASSAR MEADOW SITE

2
1
LS
Lump Sum
Temporary Access Route
xx
3
2,200
LF
Actual
Livestock Trail
4
50
LF
Actual
Livestock Crossings
5
28
LF
Actual
Livestock Ramp
6
20
LF
Actual
Culvert Installation
7
1,385
LF
Actual
Persuasion Channel
8
1,030
LF
Actual
Railroad Berm Removal
9
150
LF
Actual
Fiber Rolls
10
200
CY
Design
Ditch Plugs
11
666
CY
Design
Fill Areas
ITEM
ESTIMATED QUANTITY
UNIT
METHOD OF MEASUREMENT
DESCRIPTION
UNIT PRICE
TOTAL

PRICE

VASSAR MEADOW SITE continued

12
7,020
SF
Actual
Sod Harvest and Reuse
13
3,350
SF
Actual
Sod Harvest and Storage for Use by Others
14
4,125
LF
Actual
Fence
15
6
EA
Actual
Log Jam Structures
16
2
TON
Actual
Debris Removal
18a
100
EA
Actual
Transport and Place Logs
18b
1,620
SF
Actual
Transport and Place Brush

Subtotal

FIVE-ACRE MEADOW

2
1
LS
Lump Sum
Temporary Access Route
xx
4
15
LF
Actual
Livestock Crossings
7
1,040
LF
Actual
Persuasion Channel
10
860
CY
Design
Ditch Plugs
13
3,230
SF
Actual
Sod Harvest and Storage for Use by Others
14
2,150
LF
Actual
Fence
18a
50
EA
Actual
Transport and Place Logs
18b
1,100
SF
Actual
Transport and Place Brush

Subtotal

(A) Mobilization/Demobilization (Item 1) may not exceed 10% of Total

VASSAR MEADOW SITE AND FIVE-ACRE MEADOW Subtotal ($)

VASSAR MEADOW SITE Subtotal ($)

FIVE-ACRE MEADOW Subtotal ($)

Total All Items

* Designated Method of Measurement:

CY = Cubic Yards EA = Each LF = Linear Feet LS = Lump Sum SF = Square Feet HR = Hour

B- 2 Payment for Bond Premiums Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Mobilization.

B-3 NOTE: Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491. See Section G-2 and I-16

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract Through both Vassar Meadow and Five-Acre Meadow, as a result of past logging operations, the stream has been diverted into borrow ditches that run along constructed railroad berms, negatively impacting the existing floodplain and riparian environment. The purpose of this project is to restore meadow hydrology to a state that supports healthy native meadow and riparian conditions, including restoring the stream to its historic channel. The project is designed to slow water and enhance groundwater recharge, prevent the introduction of sediment into Corral Creek from excessive streambank and bed erosion, and promote natural native vegetation and riparian and wetland areas.

In general, the project consists of: development and decommissioning of access routes; construction of a livestock ramp, trail, and crossings; installation of a culvert crossing; removal of railroad berms; excavation of persuasion channels; earthwork operations for construction of ditch plugs and fill areas; sod harvest, reuse, and storage; installation of fence; construction of log jams; debris removal; and adherence to various site controls

C- 2 Project Location This project, referred to as the Upper Corral Creek Meadow Restoration Project, is located in Latah County, Idaho in Sections 35 and 36 of Township 41 North, Range 2 West and Sections 1 and 2 of Township 40 North, Range 2 West. The project area (Site) is located in the Potlatch River basin approximately 2 miles north-northeast of Deary, Idaho and includes two distinct locations: Vassar Meadow and Five-Acre Meadow. Vassar Meadow and Five-Acre Meadow are located directly north and south of Vassar Meadow Road (3347), respectively, in the headwaters of Corral Creek. Refer to the Drawings (Sheet G1 and Sheet G3) for an illustration of each location and the overall project vicinity

C- 3 Standard Specifications N/A

C – 4 Technical Specifications/Special Provisions. See Section J for the Stand-alone Technical Specifications/Special Provisions. The requirements contained in these Technical Specifications/Special Provisions are hereby made a part of this solicitation and any resultant contract. Additional Supplemental Specifications will not be provided for this project.

See Section J for Drawings.

C-5 AGAR 452.211-3 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-6 AGAR 452.211-4 Attachments to Statements of Work/Specifications. (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 23, 2015. The time stated for completion shall include final cleanup of the premises.

NOTE. All instream work shall not commence until approved by the CO. Construction shall proceed in two stages, one for each of the distinct project locations (Vassar Meadow and Five-Acre Meadow). The Contractor may begin construction at whichever location they prefer; however, the Contractor shall not commence with any Work at the other location until they have completed the first.

Estimated start work around June 15, 2015.

SECTION G - Contract Administration Data

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

http://www.dm.usda.gov/procurement/policy/agar.html

G-1 AGAR 452-215-73 Post Award Conference (NOV 1996). A post award conference with successful offeror is required. It will be scheduled and held before work begins, after the date of contract award. The conference will be held at a location to be determined as agreed upon.

G-2 Government-Furnished Property. Trees and brush material necessary to construct items. Ground protection mats.

See Section I, FAR 52.229-3 Federal, State, and Local Taxes

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.236-4 Physical Data (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

(b) Weather conditions Normal snow conditions indicate a work season from approximately June 1 to October 15.

(c) Transportation facilities Access from Bovill, Idaho is US Highway 8 to Forest System Road 3347. US Highway 8 is a two lane, asphalt highway with speed reduced corners and shoulders. Road 3347 is an aggregate surfaced, single lane road. Turnouts are spaced regularly along its length. From Bovil, travel west approximately 1.5 miles to Road 3347, Vassar Connection Road, take the Vassar connection road for 6.9 miles, just past Road 3849 (on the left). Vassar Meadow is the next meadow on the right, north of the Box Culvert on West Fork Corral Creek. The Five Acre Meadow is approximately 0.3 miles down Road 3849 to the west of the culvert on West Fork Corral Creek.

(d) Trees & brush are available near the project area for the necessary items. The ground protection mats will be delivered on site.

H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Superintendent/On-site Contractor Representative (on-site supervisor)
Quality Control Officer

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H- 3 Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.
(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. N/A

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H- 4 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 5 Incidental Payment Items The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H- 6 Conformity With Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H- 7 Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H- 8 Samples, Tests, Cited Specifications Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H-9 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes. The MUTDC can be read or downloaded at http://mutcd.fhwa.dot.gov/pdfs/2009r1r2/pdf_index.htm

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

At a minimum, it is anticipated that the following type and number of signs will be required:

Location
Designation
Quantity
Either side of Rd 73670 on 3347
TRUCKS ENTERING ROADWAY
2
Either side of Rd 3849 on 3347
TRUCKS ENTERING ROADWAY
2
Either side of temp Rd 3849
TRUCKS ENTERING ROADWAY
2

H-10 Landscape Preservation

(a) Do not remove, deface, injure, or destroy trees, shrubs, lawn, or natural features not designated for treatment. This does not include access roads. Confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Retrieve material which falls outside of these limits and dispose of, or incorporate in the work.

Preserve the scenic and natural environment along this construction project.

(b) Do not allow objectionable material to enter any stream, river, lake, or other body of water. Retrieve material which falls in these areas and dispose of, or incorporate in the work, and repair damage to vegetation or structures outside the project limits.

(c) Do not operate equipment or otherwise disturb the natural vegetation and soil beyond the construction limits.

H-11 Environmental Protection The contractor is required to have a spill plan. The plan will contain a description of the specific hazardous materials, procedures, and spill containment that will be used, including inventory, storage, and handling.

All vehicles carrying fuel will have specific equipment and materials needed to contain or clean up any incidental spills at the project site.

All pumps and generators used in or near streams will have appropriate spill containment structures and/or absorbent pads in place during use.

When storage facilities for oil or oil products are on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or any other body of water. If a spill of petroleum product should occur in water, immediately notify the Contracting Officer and appropriate state agencies.

Service all equipment only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Meet all applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

Contractor shall ensure that all personnel involved in handling and packaging the hazardous materials are trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spills. Provide handling and personal protective equipment appropriate to ensure safe handling of the hazardous material according to 29 CFR 1910.120). Notify the Forest Service in writing of all hazardous material that may be brought onto the National Forest.

The Contractor is solely responsible for all spills or leaks that occur during the performance of this contract. The contractor must clean up spills or leaks in a manner that complies with Federal, state, and local laws and regulations and to the satisfaction of the CO. When necessary provide copies of all spill related clean up and closure documentation and correspondence from regulatory agencies.

Natural mercury may be encountered while excavating.

H-12 Equipment Fuel/Oil Leakage

SEE “ATTACHEMENT A” - UPPER CORRAL CREEK MEADOW RESTORATION PROJECT

WEST FORK CORRAL CREEK/CORRAL CREEK/POTLATCH RIVER DRAINAGE

MAINSTEM CLEARWATER RIVER

H-13 Noxious Weed Control In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to national forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only clean construction equipment inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles. Contractor shall make equipment available for inspection at an agreed upon location.

Straw/Hay Bales shall be certified as “Weed Free”. The source field shall be inspected and certified by the county extension agent from the county that the straw/hay is grown. Each shipment onto the forest shall be accompanied by a certification tag stating that it is weed free. The contractor shall furnish the forest service with a statement of certification.

H-14 Invoice Processing Platform (IPP) The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H-15 Reference FAR 52.236-13, Accident Prevention.

Safety. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

H-16 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H-17 Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

(*Sample of biobased products for construction projects)

Grease RemoversInsulating FoamConcrete and Asphalt Release Fluids
Fluid-filled TransformersWood and Concrete SealersComposite Panels
Adhesive and Mastic RemoversCarpetsRoof Coatings
Hydraulic FluidWater Tank Coatings

(*Sample of biobased products for building mtce – light construction projects (Operations and Maintenance)

Hydraulic FluidsPenetrating LubricantsConcrete and Asphalt Release Fluids
AbsorbentsDiesel Fuel AdditivesGreases
Dust Suppressants2-Cycle Engine OilWood and Concrete Sealers
FertilizersRoof CoatingsWater Tank Coatings
Adhesive and Mastic RemoversCleanersSorbents
Floor FinishFloor StripperComposite Panels
Insulating FoamSealersCarpet
Metalworking FluidsGraffiti and Grease RemoversStain Removers
DegreasersDe-icers

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract. See Section L-4, Instructions for Preparation of Technical and Business Proposals).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

Within thirty (10) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

· The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

· Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

· Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

· The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

H-18 Idaho Worker’s Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1Definitions (NOV 2013)
52.203-3Gratuities (APR 1984)
52.203-5Covenant Against Contingent Fees (MAY 2014)
52.203-6Restrictions on Subcontractor Sales to the Government (SEPT 2006)
52.203-7Anti-Kickback Procedures (MAY 2014)
52.203-8Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)
52.203-10Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)
52.203-12Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.203-17Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)
52.204-4Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)
52.204-19Incorporation by Reference of Representations and Certifications (DEC 2014)
52.209-6Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)
52.209-10Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)
52.211-18Variation in Estimated Quantity (APR 1984)
52.215-2Audit and Records - Negotiation (OCT 2010)
52.219-6Notice of Total Small Business Set-Aside (NOV 2011)
52.219-8Utilization of Small Business Concerns (OCT 2014)
52.219-14Limitations on Subcontracting (NOV 2011)
52.222-3Convict Labor (JUNE 2003)
52.222-4Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2014)
52.222-6Construction Wage Rate Requirements (MAY 2014)
52.222-7Withholding of Funds (MAY 2014)

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